Miller Thomson’s Procurement Group comprises a team of professionals across Canada with in-depth knowledge and experience to assist with any stage of the procurement process. Our clients include federal, provincial and municipal government entities, broader public sector organizations, domestic and international private sector corporations, and contractors, for whom we provide legal advice on all aspects of the procurement process from the planning stages to bid evaluation, bid submission, bid award and contract negotiation. We also help untangle problems that can arise when things go awry.
Since Ron Engineering was decided in 1981, procurement has evolved into a complex process within the construction sector and almost anywhere else procurement is undertaken. Layered on top of the myriad cases that have been decided since 1981, are various legislated requirements, such as the Broader Public Sector Procurement Directive in Ontario, all of which need to be considered when undertaking or responding to a procurement. Procurement can be a minefield and can result in serious consequences – for both owners and bidders. Engaging our lawyers from the beginning stages of a procurement process will ensure that the procurement risks are managed and that any unique legal aspects of the procurement process are addressed.
Our Procurement Group lawyers can assist with:
- strategic planning and procurement structuring advice ranging from and relating to requests for expressions of interest (RFEI), requests for supplier qualifications (RFSQ), requests for quotation (RFQ), requests for tender (RFT), requests for proposals (RFP), as well as “hybrid” procurements and alternative service delivery models
- assisting owners and bidders with issues that arise throughout the procurement process, including compliance opinions and bid disputes
- ensuring compliance with applicable domestic and international procurement legislation, directives, policies or trade agreements
- managing bid disputes and litigation associated with the procurement process
- drafting contracts to be signed with the successful bidder, ranging from those between the owner and its consultants, to contracts that will be necessary to implement the project. Where standard form contracts exist, we recommend and develop supplementary conditions based on the requirements of the client and the project. Where needed, we can also create “custom-built” contracts.
The decision to use a particular procurement model should be based on the needs and requirements of both the client and the project. Whether a client is securing the services of a professional, purchasing goods, or undertaking any other competitive purchasing process, we have the tools required to create a procurement mechanism which will best serve our client’s needs. And, where the “bid contract” or “Contract A” is invoked, our lawyers will help reduce the exposure of our clients in the event mistakes are made.